Senate

Bill 1312
2016 Freedom Index Score (-2)
Analyst: Fred Birnbaum
Date: February 15, 2016

ANALYST'S NOTE: Senate Bill 1312 would allow police officers to issue citations to: motorists under age
18 who are not wearing safety restraints (seat belts) while operating motor vehicles; vehicle occupants
under eighteen who are not wearing safety restraints; and vehicle operators over the age of eighteen, if
an occupant is 17 or younger and not wearing a safety restraint. For these classes of violators, the
wearing of a safety restraints would become a primary offense, which means a motorist could be
stopped simply for not wearing a safety restraint. Current law does not allow motorists to be stopped
solely for a safety restraint violation, meaning that it is a secondary offense.

The bill is written to sunset on June 30, 2019, and is called, a test safety restraint program, because in
year one only warnings could be issued, but during years two and three citations could be issued before
the law is slated to expire on June 30, 2019.

Point No. 5 Does it directly or indirectly create or increase any taxes, fees, or other assessments?

ANALYSIS: SB 1312 would increase fines for safety restraint violations from $10 to $45 in years two and
three of this test program. (-1)

Point no. 10 Does it directly or indirectly increase create or increase penalties for victimless crimes?

ANALYSIS: Fines would increase from $10 to $45 in years two and three of the program for the infraction
of not wearing a safety restraint and the infraction would become a primary infraction, which means a
violator could be stopped solely for this infraction. In year one, only a warning could be given for a
primary offense violation. Currently, not wearing a safety restraint is a secondary infraction, which means
a violator must be stopped for a separate violation before a citation can be issued for not wearing a seat
belt. (-1)